Insurance Blog

Get the latest insurance news and insights

Get Quote Top Home

If you are human, leave this field blank.

Insurance Product
*

Alberta’s Distracted Driving Laws Changing in 2016

As of January 1, 2016, Alberta is upping the ante on the penalty for distracted driving. For infractions incurred during 2015, the $287.00 fine remains the only penalty in effect, even if the fine is paid following a conviction finalized in 2016. For citations given in the new year, the fine remains $287.00 upon conviction, but you will also be assigned three demerit points against your licence. An accumulation of demerits within a specified period will eventually, or immediately, results in a suspension of your licence.

The change in the province’s distracted driving law applies to all motor vehicles subject to the Traffic Safety Act. Examples of prohibited distracting activities on all publicly accessible roads in Alberta include, but are not limited to:

Operating a mobile phone

Texting or mailing on a device, even when stopped while in traffic

Using or viewing other electronic devices, such as video players, gaming consoles and the like

Certain activities within one’s vehicle are not specifically restricted by the legislation, such as:

Using a mobile phone in a “hands free” manner, or using it to call 911

Drinking non-alcoholic beverages

Eating or smoking

Conversing with other occupants

Using a CB radio hand held microphone for commercial purposes only

Briefly interacting with a vehicle’s built in onboard navigation system, information display, or gauges

It is up to the law enforcement official and their observations to determine if what you were doing while driving was a “distraction.” In fact, the law allows for a citation to be issued even if there is no objective evidence of driver impairment or non-performance, making this section of the Traffic Safety Act easy to enforce and hard to defend against. Under the law, a driver who commits a moving violation while distracted, could receive two tickets — one for the presumed distracted driving and another for the actual moving violation.

Even public safety workers, such as fire and police responders, are subject to this law unless they are acting within the scope of their employment at the time.

Of special concern is what to do with pets, primarily dogs, which tend to ride in the passenger area of the vehicle. Under the Traffic Safety Act unsecured pets present two possibilities for being pulled over by the authorities: 1) If the pet is unsecured in the front seat and is deemed to be distracting the driver from properly employing the vehicular controls and; 2) the pet has free run of the passenger compartment and is deemed to be blocking the vision of the driver.

It would seem that not only is a pet restraint a good preventative measure against injury to yourself or the pet in the event of a collision, it is a great hedge of being summarily pulled over.